A MOEDA DE TROCA DA LIBERDADE VIGIADA: Uma revisão sistemática de literatura sobre a política criminal de monitoração por tornozeleiras eletrônicas

Abstract

The theme of this monograph is contextualized in the implementation of electronic monitoring in Brazil, highlighting Law No. 12,258 of 2010, Law No. 12,403 of 2011, and pioneering experiences, such as the project “Liberdade vigiada, sociedade protegida” in the state of Paraíba, which defended the expansion of the use of ankle monitor as an alternative to imprisonment considering the collapse of the penitentiary system. Nevertheless, according to official data from the National Penitentiary Department Information System (SISDEPEN) regarding the Brazilian prison system, incarceration continues to grow exponentially, alongside the rising number of individuals under electronic monitoring in the country. In this regard, the general objective of this work was to critically analyze how the use of electronic ankle monitors in Brazilian criminal policy has been addressed in the national scientific literature between 2022 and 2024, adopting a systematic literature review method. At first, the relationship between criminal policy and electronic monitoring policy was discussed, considering the role of neoliberalism in criminalization processes. Subsequently, a search across ten specific databases, conducted under rigorous selection criteria, identified thirteen studies relevant to the proposed research. Thereafter, the main formal aspects of the selected materials were analyzed, followed by a thematic categorization of the collected corpus, analyzing it in light of the perspective of critical criminology and human rights. The analysis of formal aspects identifies gaps in scientific literature, including a predominance of theoretical studies, regional concentration of publications, and female underrepresentation, which limits the understanding of the concrete experiences of the monitored individuals. The critical analysis highlights that electronic monitoring operates as a bargaining chip for supervised freedom, shifting punishment into the social sphere under the guise of neutrality and modernization. The monograph contributes to the academic discourse by problematizing the supposed humanization of punishment, demonstrating that penal policy updates and reinforces punitive logic and structural selectivity, thereby highlighting the need for public policies genuinely committed to reforming the current situation.